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Kutak Rock litigator Fred Davis recently authored an article, “Patent Litigation: Could Arkansas be Home to More Suits after TC Heartland,” published in the Fall 2018 edition of The Arkansas Lawyer. In the article, Mr. Davis discusses changes to patent venue rules following the U.S. Supreme Court’s May 2017 decision in TC Heartland v. Kraft Food Brands.

The article includes a history of venue in patent litigation, how TC Heartland fundamentally changed patent litigation by restoring a more narrow interpretation of the patent venue statute, patent venue takeaways for Arkansas companies and whether these patent venue trends will result in more patent litigation in the state of Arkansas.

“[T]he return of the venue defense means Arkansas must be home to some infringement actions. Even with a sustained dip in the number of suits filed by patent trolls, the diversity of forums should continue to increase as venue challenges rise[,]” Davis writes.

He continues, “It is at least possible that patent litigation will increase in Arkansas. If it does, the district courts should address how they will handle the unique procedural mechanisms of patent cases.”

Fred Davis is a litigator who represents clients at trial and on appeal in commercial and complex litigation, including class actions and intellectual property litigation. He also advises data-management, financial-services, and health care companies on the intersection of law and technology, including intellectual property protection and privacy and data security.

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